What are the different types of child custody and what do they mean?

Often you hear people talk about having joint custody of their child, but many use the term loosely and not everyone knows what they mean. Well, here is a brief summary:

First and foremost, understand that custody can mean one of two things: 1) legal custody; and 2) physical custody.

What is Legal Custody? Legal custody involves who has the decision making authority with regard to the child's health, education and welfare. It is the right and obligation to make decisions about a child's upbringing, including schooling and medical care. For instance, if one parent has sole legal custody, this entitles one parent to make the decisions affecting the health, education, religious training, and other major issues regarding the child. The sole custodial parent may consult with the other parent as to his or her opinion, but the ultimate authority to make the decision ultimately rests with the parent who has sole custody.

However, just because a parent has sole legal custody does not mean that the other parent has no rights as to decisions affecting the child. If the noncustodial parent is against a decision, the parent can file a petition with the court and the court may decide what is in the best interest of the child by changing custody or by entering an order directing a parent to do something or refrain from some action.

Many states typically have both parents share legal custody of a child.

What is physical custody? Physical custody is what you would think, which is who physically has custody of the child. In essence, it is the right of a parent to have his or her child live with him/her.

What is Joint custody? Joint custody is an arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody, joint physical custody, or both. Joint custody requires both parents not only to consult with each other regarding the child, but also requires that the parents come to an agreement as to what they are going to do regarding major decisions affecting the child.

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